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Resolution-PC 97-151~ ~ RESOLUTION NO. PC97-151 A RESOLUTION UF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3967 BE GRANTED, IN PART WHEREAS, thc Anahcim City Planninb Commission did reccive a veriGcd Petition for Conditional lUse Permit for ccrtain real propcrty situalcd in thc City ot Anahcim, County of Orange, State of California, described as: L.ot 2fi ot Tract No. 4757, in the City of Anaheim, C 47 ~a ~f ~~o~ M~scellancous California, as pcr map rcmrdcd in Book 184, Pagc(s) Maps, in the office of th~ County Recorder of said county. WHEREAS, the City Planning Commission did hold a public hea~ing at the Civic Centcr in the City of Anaheim on September 29, 1997 at 1:30 p.m•, notiee o[ said public hearing having been duly given as required by law and in accordance with the provisions o[ the Anaheim Municipal Code, Chapter 18.03, to hear and cons~der cvidcncc for and against said proposcd conditional use permit and ro investigate and make findings and recommendations ir, connect~on therewith; and th~'said public hearing wa5 continued to the Octobcr 13, and Octobcr 27, 1997 Piannin6 Commission ricetin and WHEREAS, said Cummission, aftcr duc inspcction, invcstigation and scudy made lhy itsclf and in its behalf, and after duc consideration of all evidcnce and reports o(fercd at saiJ hearing, does 6nd and determinc the following [acts: 1. That the petitioncr requcsts approval of a conditional usc pcrmit undcr authoriry of Code Section 18.34.050.020 to rctain a board and care faciliry (boarding house) (or up to 15 residents; 2. That the proposed a use is properly one for which a conditional use permit is anthorized in the RM-11A0 Zonc by thc Zoning Codc; 3. That the proposed use, as grantcd [or 12 residents, will not adversely xffcct the adjoining land uses and the growth and dcvclopmcnt of thc arca in which it is located bccausa subjcet property ai~d adjaccnt properties are fully developed and that no new construction or devclopment is proposed in conjunction with this reyucst; 4. That the size and shape of the site for the usc, as grantcd, is adequate to allow the full devciopment oC the proposcd use in a manner not detrimental to lhc particular arca nor to the pGacc, health, safety and general welfarc; $, That the traffic gcnerated by the propused usc, as grantcd, will not imn~se an undue burden upon thc streets and high~vays designed and improved to carry thc tra[fic in the area; G. That the granting of the conditional use permit, undcr the corditions imposed, will not be dct~~im~:nta~ to thc pcacc, hcalth, safcty and gencral we{fare of thc citir.cns o[ thc City of Anaheim; and 7, That seven peoF:c spoke in favor and correspondence was rcccivcd in favor of propusal; and that thrce people spoke at the public hcaring in opposition and that no corresponden~c was received in opposition to thc sub,jcct petition. -1- PC97-151 CR3089PL.WP ~ CALIFORNIA ENVIRONMENTAL UALITY ACT FINDING: The Planning Dircetor's authorized represe~itative has detcrmincd that the proposed project [alls with~n the definition of Calegorical Exemptions, Class 3, as deCined in the State E1R Guidclines and is, thcreforc, categorically exempt trom the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, in part, vpon the Collowing conditions which are hecsaf ty and gene al welfareyo[rthe Citize c~of theiCi y of Anahcimc subject property in order to preserve 1. That the ma:dmum number of residents shall be limited to twelvc (12). 2 That all services provided by this facility, including preparation and service of ineals, shall be for residents and scrvicc staf.f of subject project (11$1 South Belhavcn Strect) only, except [ar Thanksgiving Day and Christmas Day. 3, (77iis condi~ion was deleted during the Plmusing Commissiai public hearing.) 4, (a) That the petitioner shall provide an on-site manager for twenty four (24) hours per day, and that said managcr shall bc responsible for responding to any neighbor's concerns regarding thc facility; and (b) That within a period of thirty (30) days from the date of' this resolution, the namc and telephone number of tne manager shall bc submittcd to the Code Enforcement Division and kept on file by said division. 5. That trash storage areas shall be refurbi~hed, including the construction of new trash enclosure gates in accordance with City standards, to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with approved plans nn Cile with said departmr,nt. ~, That the un-permittcd patio cavers chall be rcmoved or building pcrmits shall be obtained. '7. That trash storage area(s) shall bc providcd and maintaincd in location(s) acccptable to the Public Works Department, Strects and Sanitation Division, and in accordan:.e with approvcd plans ou C~le with said Department. Said information shall be specifically shown on the plans suh .m_itted to the ; ublic Works Department for rc~ncw and approval. 8, That a plan sF.eet for solid waste storage and collection and a plan tor recycling shall be submitted to thc Public Works Departmeat, Streets and Sanitatian Division, for revicw and approval. 9, That an on-site trash truck turn-around area shall be providcd in accordancc with Engineering Standard Detail No. 610 and maintained to thc satisCaction of the Public Works Dcpartment, Streets and Sanitation Division. Said turn-around area shall bc specifically shown on plans submittea tu the Public Works Department for review and approval. 10. That lhe number of resident vehicles shall at no time excced the number oC availablc covered garage spaces which are open and accessiblc. 11. That subject use pcrmit shall cxpirc onc (1) ycar from thc date of this resolution, on October 27, 1998. 12. That a valid business license shall be obtained from the City of Anaheim Busincss Liccnse Division of lhe Finance Department. 2 YC97-151 ~ ~ 13. That the operator of this facility shall cease all acuviues, as decmcd neccssary by Community Care Liccnsing to exempt this facility from thcir regulation, and that thc opcrator shall obtain and maintain all rcquircd liccnsecs and/or permits required for thc opcration o[ this facility. 14. That within thirty (30) days of thc approval oi this resolution, Condition Nos. 1, 2, 4, 5, 6, 7, 8, 9, 10, 12, 13 and 15, hcreins, shall be complicd with• Extensions for further time co complete said conditions may be gantcd in accordance with Section 18.03.090 of Lhe Anahcim Municipal Code. 15. That subject property shall be developcd substantially in accordaace with plans and specifications submitted to the City of Anaheim by the pctitioncr and which plans are on file with the Planning Dcpartmcnt markcd Exhibit Nos. 1 and 2. 16. That approval oE this application constitutes approval of the proposed request only to the cxtent :hat it complies with the Anaheim Municipal Zoning Code and any o!her applicablc City, State and Federal regulations. Approval does not include any action or findin~.s as to compliance or approval of tne request rcgarding any olher applicable ordinance, rcgulation or rcquircment. 1'I. That the property uwner shall pay for the cost o[ threc (3) randomly ached~lcd Codc Enforcemcnt inspections conducted throughout the one (1) year period. BE IT FURTHER RESOLVED that t?ic Anaheim Ciry Planning Commission does hereby find and dall of~the~tconditions hereinab~ essettforth. eShouid anydsuchconclition,~o~raany parnt~Pthereof,~be each and declared invalid or unenforceable by th:: final judgmcnt of any court of competent jurisdiction, then this Rcsolution, and any approvals hercin coniained, shall be decmed null and void. THE FOREGOING RESbLUT1UPJ was adontcd at thc Planning Commission mccting af October 27, 1997. --~ ~, ,~ CHAIRPERSON ANAHEIM ~ITY PLANNING ~OMMIS3fOld ATTEST: ~ ~ lC~.f1 r ' SECRETAR' ANAHEIM CITY PLANNING COMMISSION STA'fE OF l:Alsl'E4RNIA } COUNTY OF C~~:ANGE ) ss. CITY OF ANAHEIM ) 1, Margarita Solorio, Sccretary of the Anahcim ~City Plannirg Commission, do hercby certi[y that thc for`obc~ 27 Sl~~°b~ thepfollowing vote o`f ahe membc s thcr ~~Anaheim City Planning Commission hcld on O , pyE,c,; COMMISSIONERS: BOSTWICK, BOYDSTUN, BRI5TOL, HENNINGER, NAPOLES, NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MAYER, YERAZA 2~ da of _~~i~ 1997. IN WITN~SS WHEREOF, I havc hereunto set my hand this Y SECRETAR~ NAHEIM CI~ NNING COMMiSSION -3- PC97-151